EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1511*
HOUSE BILL 1511
M1 4lr3538
By: Delegate Love
Introduced and read first time: February 22, 2024
Assigned to: Rules and Executive Nominations
Re–referred to: Environment and Transportation, February 26, 2024
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 9, 2024
Returned to second reading: March 9, 2024
Committee amendments withdrawn, March 9, 2024
House action: Adopted
Read second time: March 9, 2024
CHAPTER ______
AN ACT concerning 1
Forest Conservation Act – Modifications 2
FOR the purpose of establishing a definition of “qualified conservation” for purposes of 3
provisions of law related to forest mitigation banks; altering rules for the use of 4
qualified conservation to meet afforestation or reforestation requirements; adding 5
certain areas and vegetation considered to be a priority for forest retention and 6
protection under certain circumstances; requiring the Department of Natural 7
Resources to update a certain model local government ordinance and adopt certain 8
regulations relating to forest conservation on or before certain dates; delaying the 9
dates on which certain provisions of the Forest Conservation Act will apply to certain 10
solarvoltaic facilities and forest conservation plans; delaying the effective date of 11
certain provisions of the Forest Conservation Act; and generally relating to the 12
Forest Conservation Act. 13
BY renumbering 14
Article – Natural Resources 15
Section 5–1601(gg) through (pp) 16
to be Section 5–1601(hh) through (qq), respectively 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2023 Supplement) 19 2 HOUSE BILL 1511
BY repealing and reenacting, without amendments, 1
Article – Natural Resources 2
Section 5–1601(a) 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2023 Supplement) 5
BY adding to 6
Article – Natural Resources 7
Section 5–1601(gg) and 5–1607(c)(3) 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Natural Resources 12
Section 5–1607(b)(2) and (c)(1) and 5–1610.1(c) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Chapter 541 of the Acts of the General Assembly of 2023 17
Section 5, 9, and 10 18
BY repealing and reenacting, with amendments, 19
Chapter 542 of the Acts of the General Assembly of 2023 20
Section 5, 9, and 10 21
SECTION 1. AND BE IT ENACTED BY THE GENERAL ASSEMBLY OF 22
MARYLAND, That Section(s) 5–1601(gg) through (pp) of Article – Natural Resources of the 23
Annotated Code of Maryland be renumbered to be Section(s) 5–1601(hh) through (qq), 24
respectively. 25
SECTION 1. 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND 26
AND BE IT FURTHER ENACTED , That the Laws of Maryland read as follows: 27
Article – Natural Resources 28
5–1601. 29
(a) In this subtitle the following words have the meanings indicated. 30
(GG) “QUALIFIED CONSERVATION ” MEANS THE CONSERVATI ON OF ALL OR A 31
PART OF AN EXISTING FOREST THAT: 32
(1) HAS BEEN APPROVED BY THE APPROPRIATE STATE OR LOCAL 33
FOREST CONSERVATION PROGRAM FOR THE PURP OSE OF ESTABLISHING A FOREST 34
MITIGATION BANK ; AND 35 HOUSE BILL 1511 3
(2) IS ENCUMBERED IN PERPETUITY BY A REST RICTIVE EASEMENT , 1
COVENANT, OR ANOTHER SIMILAR M ECHANISM RECORDED IN THE COUNTY LAND 2
RECORDS TO CONSERVE ITS CHARACTER AS A F OREST. 3
5–1607. 4
(b) Standards for meeting afforestation or reforestation requirements shall be 5
established by the State or local program using one or more of the following methods: 6
(2) The use of qualified conservation completed in a forest mitigation bank 7
TO MEET: 8
(I) UP TO 50% OF THE AFFORESTATION OR REFORESTATION 9
REQUIREMENT , in which case, the afforestation or reforestation credit granted may not 10
exceed 50% of the forest area encumbered in perpetuity; OR 11
(II) IF A LOCAL JURISDICTI ON PROPOSES AND , AFTER PUBLIC 12
COMMENT, THE DEPARTMENT APPROVES A WRITTEN JUSTIFICATIO N FOR THE 13
INCREASE, UP TO 60% OF THE AFFORESTATION OR REF ORESTATION REQUIREME NT, 14
IN WHICH CASE THE AF FORESTATION OR REFOR ESTATION CREDIT GRAN TED MAY 15
NOT EXCEED 50% OF THE FOREST AREA E NCUMBERED IN PERPETU ITY. 16
(c) (1) The following trees, shrubs, plants, and specific areas shall be 17
considered priority for retention and protection, and they shall be left in an undisturbed 18
condition unless the applicant has demonstrated, to the satisfaction of the State or local 19
authority, that reasonable efforts have been made to protect them and the plan cannot 20
reasonably be altered: 21
(i) Trees, shrubs, and plants located in sensitive areas including 22
100–year floodplains, intermittent [and] STREAMS AND THEIR BU FFERS OF AT LEAST 23
50 FEET FROM THE STREAM CHANNEL, perennial streams and their buffers OF AT 24
LEAST 100 FEET FROM THE STREAM CHANNEL, coastal bays and their buffers, steep 25
slopes, and critical habitats; [and] 26
(ii) Contiguous forest that connects the largest undeveloped or most 27
vegetated tracts of land within and adjacent to the site; 28
(III) FOREST SUITABLE FOR F OREST INTERIOR –DWELLING 29
SPECIES; 30
(IV) FOREST LOCATED IN A TIER II OR TIER III HIGH QUALITY 31
WATERSHED AS IDENTIF IED BY THE DEPARTMENT OF THE ENVIRONMENT ; 32
4 HOUSE BILL 1511
(V) FOREST LOCATED IN A W ATER RESOURCE PROTEC TION 1
ZONE, A RESERVOIR WA TERSHED, OR A WELLHEAD PROTEC TION AREA AS 2
IDENTIFIED BY A LOCA L JURISDICTION; AND 3
(VI) FORESTS IN URBAN AREA S: 4
1. AS DELINEATED IN THE PRIORITY URBAN FORES T 5
MAPPING INCLUDED IN THE STATE FOREST CONSERVATION TECHNICAL MANUAL 6
REQUIREMENTS ; OR 7
2. THAT ARE MOST IMPORTA NT FOR PROVIDING 8
WILDLIFE HABITAT OR MITIGATING FLOODING , HIGH TEMPERATURES , OR AIR 9
POLLUTION. 10
(3) (I) THE DEPARTMENT OR A LOCAL AUTHORITY SHALL ISSU E 11
WRITTEN FINDINGS AND JUSTIFICATION FOR AN Y CLEARING OF A PRIO RITY 12
RETENTION ARE A DESCRIBED IN PARAG RAPH (1) OR (2) OF THIS SUBSECTION . 13
(II) ANY JUDICIAL REVIEW O F A FINAL DETERMINAT ION MADE 14
UNDER THIS PARAGRAPH SHALL BE: 15
1. CONDUCTED IN ACCORDAN CE WITH THE MARYLAND 16
RULES; AND 17
2. LIMITED TO THE RECORD COMPILED BY THE 18
DEPARTMENT OR THE LOC AL AUTHORITY. 19
5–1610.1. 20
(c) [Mitigation] AFTER DECEMBER 31, 2020, MITIGATION banks may be 21
allowed only [in priority]: 22
(1) IF THE APPLICATION WA S SUBMITTED BEFORE DECEMBER 31, 23
2020; OR 24
(2) WHEN USING: 25
(I) QUALIFIED CONSERVATION LOCATED IN PRIORITY 26
RETENTION AREAS AS I DENTIFIED IN § 5–1607(C) OF THIS SUBTITLE; OR 27
(II) NEWLY PLANTED FOREST LOCATED IN PRIORITY 28
AFFORESTATION OR REF ORESTATION areas as identified in § 5–1607(d) of this subtitle 29
or as identified in a comprehensive plan adopted by a local jurisdiction. 30
Chapter 541 of the Acts of 2023 31 HOUSE BILL 1511 5
SECTION 5. AND BE IT FURTHER ENACTED, That: 1
(a) The Department of Natural Resources shall update the State Forest 2
Conservation Technical Manual on or before December 31, 2024, for consistency with this 3
Act. 4
(b) The updates shall include: 5
(1) guidance on: 6
(i) when the clearing of a priority area for retention described in § 7
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 8
including for purposes related to forest health or composition; and 9
(ii) the use of site design practices to minimize clearing; and 10
(2) standards by which credit may be granted for the restoration of 11
degraded forest. 12
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 13
RESOURCES SHALL UPDAT E THE MODEL LOCAL GO VERNMENT ORDINANCE 14
REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 15
CONSISTENCY WITH THI S ACT. 16
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 17
RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS O F THIS 18
ACT. 19
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 20
(1) a solarvoltaic facility granted a certificate of public convenience and 21
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 22
before July 1, [2023] 2025; 23
(2) a forest conservation plan approved before July 1, [2024] 2026, that is 24
associated with a subdivision plan, site plan, building permit, or grading or sediment 25
control application; or 26
(3) a revision to a plan or permit described in item (2) of this section that 27
does not materially alter the proposed or actual limits of disturbance. 28
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 29
Act shall take effect July 1, [2024] 2026. 30
Chapter 542 of the Acts of 2023 31 6 HOUSE BILL 1511
SECTION 5. AND BE IT FURTHER ENACTED, That: 1
(a) The Department of Natural Resources shall update the State Forest 2
Conservation Technical Manual on or before December 31, 2024, for consistency with this 3
Act. 4
(b) The updates shall include: 5
(1) guidance on: 6
(i) when the clearing of a priority area for retention described in § 7
5–1607(c) of the Natural Resources Article, as enacted by this Act, may be justified, 8
including for purposes related to forest health or composition; and 9
(ii) the use of site design practices to minimize clearing; and 10
(2) standards by which credit may be granted for the restoration of 11
degraded forest. 12
(C) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT OF NATURAL 13
RESOURCES SHALL UPDATE THE MOD EL LOCAL GOVERNMENT ORDINANCE 14
REQUIRED UNDER § 5–1609 OF THE NATURAL RESOURCES ARTICLE FOR 15
CONSISTENCY WITH THI S ACT. 16
(D) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT OF NATURAL 17
RESOURCES SHALL ADOPT REGULATIONS TO CARRY OUT THIS ACT. 18
SECTION 9. AND BE IT FURTHER ENACTED, That this Act may not apply to: 19
(1) a solarvoltaic facility granted a certificate of public convenience and 20
necessity by the Public Service Commission under § 7–207 of the Public Utilities Article 21
before July 1, [2023] 2025; 22
(2) a forest conservation plan approved before July 1, [2024] 2026, that is 23
associated with a subdivision plan, site plan, building permit, or grading or sediment 24
control application; or 25
(3) a revision to a plan or permit described in item (2) of this section that 26
does not materially alter the proposed or actual limits of disturbance. 27
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of this 28
Act shall take effect July 1, [2024] 2026. 29
SECTION 2. 3. AND BE IT FURTHER ENACTED , That this Act shall take effect 30
June July 1, 2024. 31 HOUSE BILL 1511 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.